Social Security Disability Survivor’s Benefits

A surviving spouse or former spouse may be entitled to survivor’s benefits based upon the earnings of the deceased spouse. Additionally, a widow or widower who cannot work due to a disability may be eligible for Social Security Disability (SSD) benefits based on the deceased spouse’s work history. In either case, the surviving spouse must apply for benefits, which is typically an uphill battle that requires legal assistance for success.

Survivor’s benefits

Survivor’s benefits include a one-time payment of $255, plus an additional monthly amount based on the spouse’s work history and contributions to the system. If the surviving spouse is a former spouse of the deceased worker, different rules will apply depending upon whether the survivor was divorced or had remarried at the time of the worker’s death.

Benefits for disabled widows and widowers

Similar to disabled adult children who may qualify for SSD benefits based on the earnings record of a parent, a widow or widower who cannot work due to disability may be eligible to receive SSD based on the earnings record of a deceased spouse or former spouse. Some of the rules that apply to this situation include:

The applicant meets Social Security’s strict definition of disability

The applicant is between 50 and 60 years old

The applicant’s disability occurred within seven years of the worker’s death

Get help with your application from a compassionate and experienced Montgomery SSD attorney

The law does not allow a widow or widower to apply for survivor’s benefits online; instead you must apply in person at your local Social Security office. You can report a spouse’s death to Social Security in person or by calling 1-800-772-1213. Also, if you give the funeral director your spouse’s Social Security Number, they may report the death as part of their service to you.

Unfortunately, the struggle to obtain survivor’s benefits can be just as difficult for a widow/widower as it is for a disabled worker to collect SSD. At the Dansby Law Firm in Montgomery, you will find caring, compassionate and qualified assistance to get you the benefits you need, and that you are entitled to under the law. Call 334-834-7001 for a free consultation. There is no fee unless we recover benefits for you.

Meet AttorneyKay Dansby

Kay Dansby is the founder and principal attorney at The Dansby Law Firm, P.C., where she concentrates her practice on helping people who are disabled from working collect the benefits they need and deserve from the Social Security Administration.